Legal Definitions - darrein continuance

Darrein continuance is a historical legal term that refers to the introduction of a new defense, argument, or factual matter by a party in a lawsuit, *after* they have already formally submitted their initial response or defense to the court. Essentially, it describes a situation where a party seeks to add a significant new point or justification to their case that was not included in their previously recorded legal statements or pleadings.

In historical legal practice, every formal statement or defense entered into the court record after the very first one was considered a "continuance." A "darrein continuance" specifically denoted the last such new entry of a plea or matter, signifying a new and distinct legal position being taken after the existing record of defenses had been established.

Here are some examples to illustrate this concept:

• Imagine a historical property dispute where a defendant is accused of trespassing. The defendant's initial formal response to the court (their first plea) might simply be a general denial, stating they did not trespass. Later, the defendant discovers an old, forgotten deed that grants them a specific right-of-way across the disputed land. If the defendant then sought to introduce this new defense based on the deed, arguing they had a legal right to be there, this new argument would be considered a darrein continuance because it's a new legal justification introduced after their initial, more general defense was already on record.

• Consider a historical contract dispute where a plaintiff sues for breach of contract. The defendant's initial plea might be to deny that a contract ever existed between the parties. However, during the course of the proceedings, the defendant uncovers evidence suggesting that even if a contract did exist, the plaintiff failed to perform their own obligations under that contract. If the defendant then formally introduced this new argument—that the plaintiff breached the contract first—this would be a darrein continuance, as it's a new and distinct defense introduced after their initial denial of contract formation was already recorded.

• In a historical debt collection case, a defendant might initially plead that they never borrowed the money. Later, they might find evidence that they repaid the debt in full, but the payment was misapplied or lost. If the defendant then formally presented this new defense of payment, it would be a darrein continuance. This is because it's a new factual assertion and legal argument (that the debt was paid) being introduced after their initial plea (that no debt was incurred) had already been formally entered into the court's record.